Subchapter
002
:
REPORTING ABUSE OF CHILDREN

(A) physician,
surgeon, osteopath, chiropractor, or physician assistant licensed, certified,
or registered under the provisions of Title 26;

(B) resident
physician;

(C) intern;

(D) hospital
administrator in any hospital in this State;

(E) registered
nurse;

(F) licensed
practical nurse;

(G) medical
examiner;

(H) emergency
medical personnel as defined in 24 V.S.A. § 2651(6);

(I) dentist;

(J)
psychologist; and

(K) pharmacist;

(2) individual
who is employed by a school district or an approved or recognized independent
school, or who is contracted and paid by a school district or an approved or
recognized independent school to provide student services, including any:

(A) school
superintendent;

(B) headmaster
of an approved or recognized independent school as defined in 16 V.S.A. § 11;

(C) school
teacher;

(D) student
teacher;

(E) school
librarian;

(F) school
principal; and

(G) school
guidance counselor;

(3) child care
worker;

(4) mental
health professional;

(5) social
worker;

(6) probation
officer;

(7) employee,
contractor, and grantee of the Agency of Human Services who have contact with
clients;

(8) police
officer;

(9) camp owner;

(10) camp
administrator;

(11) camp
counselor; or

(12) member of
the clergy.

(b) As used in
subsection (a) of this section, "camp" includes any residential or
nonresidential recreational program.

(c) Any mandated
reporter who reasonably suspects abuse or neglect of a child shall report in
accordance with the provisions of section 4914 of this title within 24 hours of
the time information regarding the suspected abuse or neglect was first
received or observed.

(d)(1) The
Commissioner shall inform the person who made the report under subsection (a)
of this section:

(A) whether the
report was accepted as a valid allegation of abuse or neglect;

(B) whether an
assessment was conducted and, if so, whether a need for services was found; and

(C) whether an
investigation was conducted and, if so, whether it resulted in a
substantiation.

(2) Upon
request, the Commissioner shall provide relevant information contained in the
case records concerning a person's report to a person who:

(A) made the
report under subsection (a) of this section; and

(B) is engaged
in an ongoing working relationship with the child or family who is the subject
of the report.

(3) Any
information disclosed under subdivision (2) of this subsection shall not be
disseminated by the mandated reporter requesting the information. A person who
intentionally violates the confidentiality provisions of this section shall be
fined not more than $2,000.00.

(4) In providing
information under subdivision (2) of this subsection, the Department may withhold:

(A) information
that could compromise the safety of the reporter or the child or family who is
the subject of the report; or

(B) specific
details that could cause the child to experience significant mental or
emotional stress.

(e) Any other
concerned person not listed in subsection (a) of this section who has
reasonable cause to believe that any child has been abused or neglected may
report or cause a report to be made in accordance with the provisions of
section 4914 of this title.

(f)(1) Any
person other than a person suspected of child abuse, who in good faith makes a
report to the Department shall be immune from any civil or criminal liability
which might otherwise be incurred or imposed as a result of making a report.

(2) An employer
or supervisor shall not discharge; demote; transfer; reduce pay, benefits, or
work privileges; prepare a negative work performance evaluation; or take any
other action detrimental to any employee because that employee filed a good
faith report in accordance with the provisions of this subchapter. Any person
making a report under this subchapter shall have a civil cause of action for
appropriate compensatory and punitive damages against any person who causes
detrimental changes in the employment status of the reporting party by reason
of his or her making a report.

(g) The name of
and any identifying information about either the person making the report or
any person mentioned in the report shall be confidential unless:

(3) a court,
after a hearing, finds probable cause to believe that the report was not made
in good faith and orders the Department to make the name of the reporter
available; or

(4) a review has
been requested pursuant to section 4916a of this title, and the Department has
determined that identifying information can be provided without compromising
the safety of the reporter or the persons mentioned in the report.

(h)(1) A person
who violates subsection (c) of this section shall be fined not more than
$500.00.

(2) A person who
violates subsection (c) of this section with the intent to conceal abuse or
neglect of a child shall be imprisoned not more than six months or fined not
more than $1,000.00, or both.

(3) This section
shall not be construed to prohibit a prosecution under any other provision of
law.

(i) Except as
provided in subsection (j) of this section, a person may not refuse to make a
report required by this section on the grounds that making the report would
violate a privilege or disclose a confidential communication.

(j) A member of
the clergy shall not be required to make a report under this section if the
report would be based upon information received in a communication which is:

(1) made to a
member of the clergy acting in his or her capacity as spiritual advisor;

(2) intended by
the parties to be confidential at the time the communication is made;

(3) intended by
the communicant to be an act of contrition or a matter of conscience; and